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Old 11-21-2016, 06:23 AM
  #19  
rickair7777
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Originally Posted by 155mm View Post
"Employers may not ask a candidate why they were discharged from the military or to see their discharge papers (DD-214)except when the employer has a bona fide occupational qualification (BFOQ) for doing so (i.e., state job veteran preference, or security clearance). A veteran’s reason for military discharge is protected by USERRA. "

https://www.shrm.org/resourcesandtoo...ryservice.aspx

USERRA | Pilot Law P.C. | San Diego, CA

With that said, some airlines require, "Eligibility for issuance of US Security Clearance".

Huh??? You're just googling stuff out of context...

USERRA allows employers to request to see a DD214 with discharge characterization to verify that an employee returning from leave got an "honorable characterization". A General-under-honorable should work fine in that case because that is the bar specified in USERRA for an employee to return after mil leave. Ie, even if the employer would not have hired the employee in the first place with a general-under-honorable, they still must take that person back after mil leave.

But for initial employment, employers can and will ask for a DD214, and they usually want the long form with discharge character and separation code. The latter can be as problematic as the discharge.

There are no laws which prevent an employer from asking for a DD214, period (unless some state has a weird one). It could open up a discrimination liability issue for an employer, and some HR experts say not to ask, but airlines in general are more than willing to field lawsuits from applicants to preserve the integrity of their pilot screening process. Every airline interview I've had has involved my long-form DD214s.
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